Planning obligations may take the form of bilateral agreements or unilateral commitments, both of which are concluded pursuant to Section 106 of the Town and Country Planning Act 1990. The latter is often used by an applicant in support of an appeal. The planning obligation system provides a wide range of benefits. Below is a non-exhaustive list of these contributions: they focus on compensating and/or facilitating the specific effects of development on the site. In some cases, in addition to the Community Infrastructure Tax (CIL), S106 agreements may be required. Local planning authorities may consider including in their local list of obligations or planning conditions for Section 106 agreements. The planning obligations under Section 106 of the Planning and City Planning Act 1990 (as amended), commonly known as s106 agreements, constitute a mechanism that makes a development proposal acceptable in planning that would otherwise not be acceptable. They focus on mitigating the impact of site-specific development. S106 agreements are often referred to as „developer contributions,” as well as highway contributions and the Community Infrastructure Tax. Changes to the government`s national planning framework provide for the development of 10 or more residential housing or constructions of 0.5 hectares or more through Section 106 agreements for affordable housing.
In addition, developers have an „empty building credit” to encourage the re-commissioning of empty buildings. A developer and a local planning authority may enter into an agreement with obligations to the developer or both parties who support the granting of a building permit or building permit base. Sometimes a proponent may propose to do something against authorization or consent without the local authority`s request or approval, and these are referred to as „unilateral obligations.” All of these planning obligations are commonly referred to as s106 agreements, depending on the provision that allows them (1). Discussions on planning obligations should take place as early as possible in the planning process. The plans should set out policy measures for expected development contributions, to allow for a fair and open review of policies during the review. Local communities, landowners, developers, local (and, if applicable, national) infrastructure and affordable housing providers and operators should be involved in the definition of measures for expected development contributions. Pre-application discussions may prevent delays in the completion of planning applications, which are granted subject to the conclusion of planning commitment agreements. These new appeal and appeal procedures do not replace existing powers to renegotiate Section 106 agreements on a voluntary basis.